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<head>1825. < | <head>1825. <sic><del>Feb<hi rend="superscript">y</hi></del> Jan</sic> 31<lb/>Procedure Code</head> <!-- text in pencil apart from Ch. and § --> <p><note>Ch IX Intermediate Proceedings<lb/> §. Reasonable proof<lb/> 1. whst<lb/> 2. Place<lb/> <unclear>Angled</unclear></note></p> <p><note>6<lb/>Epistolary examination<lb/>applicable only to one<lb/> party in the narrow<lb/> circle of Equity procedure<lb/>& in no other case</note></p> <p>Epistolary examination, yes: but then never <add> not</add> upon<lb/>an extraneous witness in any case. Only <add>Sole person</add> upon a defendant;<lb/> nor upon a defendant but in the comparatively<lb/>narrow part of the field which is covered by the jurisdiction<lb/> of the judicatory calling themselves Courts of<lb/> Equity. Applicable as in this case only to a party<lb/>on one side of the suit, to wit the defendant's side: to any<lb/><add>party</add> on the Pursuers side not without a <unclear>distant</unclear> suit in which<lb/> to delay vexation and expense of the first is doubled.</p> <p><note>7<lb/> <unclear>But</unclear> if subservient to<lb/> justice in one case why<lb/> not in every case.</note></p> <p>But if favourable <add> subservient</add> to <del>the <gap/> <gap/></del> the side of<lb/> justice both as either of them in any one case <add>where</add> in<lb/>what <del>case</del> is it <add>is the case in which</add> that it is not then favourable?</p> <p><note>8<lb/> Extraneous witnesses<lb/> examined in no place<lb/> but before a jury</note></p> <p>Parties being then <gap/> from examination <add> exempt as above exempted</add><lb/> in both modes in the oral mode except in <add><gap/></add> <gap/><lb/>and with the exception no person examined but in the<lb/>character of an extraneous witness, what are the places<lb/>in which they are respectively examined? One only namely<lb/>that one at which the hearing called the Trial — the hearing <lb/>before a Jury has place <add>is performed</add>. To that one place the whole<lb/> number of them from their respective abodes whatsoever may<lb/> in each case be the distance, must flock together<lb/>and that whether <gap/> the point <add>facts</add> as to what they have<lb/> respectively to speak there be any connection or sense</p> <p><note>9<lb/> In proposed Code<lb/> universal admission<lb/> of evidence at Judges<lb/> discretion</note></p> <p>To this course under the penal proposed Code, <del>the</del><lb/>to this course whatever it is in comparison with the<lb/>others <unclear>unless</unclear> evidence to the ends of justice the Judge<lb/>will be at liberty to betake himself: and then <add>for</add> by the liberty<lb/><add>law</add> altered in this respect no evil <del><gap/></del> case in any shape<lb/> can with reason be apprehended: but in whatever case the<lb/> evil is capable of being reduced to a less amount than what<lb/>would result from the course, <del>but</del> that liberty is <del>attends</del><lb/>allowed to him <del>whatever</del> by which it would be in his power to minimise it.</p> | ||
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1825. Feby Jan 31
Procedure Code
Ch IX Intermediate Proceedings
§. Reasonable proof
1. whst
2. Place
Angled
6
Epistolary examination
applicable only to one
party in the narrow
circle of Equity procedure
& in no other case
Epistolary examination, yes: but then never not upon
an extraneous witness in any case. Only Sole person upon a defendant;
nor upon a defendant but in the comparatively
narrow part of the field which is covered by the jurisdiction
of the judicatory calling themselves Courts of
Equity. Applicable as in this case only to a party
on one side of the suit, to wit the defendant's side: to any
party on the Pursuers side not without a distant suit in which
to delay vexation and expense of the first is doubled.
7
But if subservient to
justice in one case why
not in every case.
But if favourable subservient to the the side of
justice both as either of them in any one case where in
what case is it is the case in which that it is not then favourable?
8
Extraneous witnesses
examined in no place
but before a jury
Parties being then from examination exempt as above exempted
in both modes in the oral mode except in
and with the exception no person examined but in the
character of an extraneous witness, what are the places
in which they are respectively examined? One only namely
that one at which the hearing called the Trial — the hearing
before a Jury has place is performed. To that one place the whole
number of them from their respective abodes whatsoever may
in each case be the distance, must flock together
and that whether the point facts as to what they have
respectively to speak there be any connection or sense
9
In proposed Code
universal admission
of evidence at Judges
discretion
To this course under the penal proposed Code, the
to this course whatever it is in comparison with the
others unless evidence to the ends of justice the Judge
will be at liberty to betake himself: and then for by the liberty
law altered in this respect no evil case in any shape
can with reason be apprehended: but in whatever case the
evil is capable of being reduced to a less amount than what
would result from the course, but that liberty is attends
allowed to him whatever by which it would be in his power to minimise it.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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